STUVIA 2024/2025
MPRE Prep
the ethics rules of the jurisdiction in which the tribunal sits will be applied.
For any other conduct, the rules of the jurisdiction in which the predominant effect of the conduct
occurred will apply. - ✔✔If the conduct in question occurred in connection with a proceeding that was
pending before a tribunal, what rules apply?
Interviewing people
Filling in forms
Appearing pro se - ✔✔Things you can do without a law license
o Associate with locally licensed attorney
o Admission pro hac vice ("for this matter only") by going to the judge
o Mediation or arbitration related to home state practice
o Matter reasonably related to home state practice - ✔✔If you have an active law license in one
state, you can out of state practice by (4)
Measures to ensure compliance with Rules of Professional Conduct (e.g. system of conflict check). -
✔✔Partners/managers duty to prevent ethical violations
%
Ordered or ratified the subordinate's misconduct
Failure to avoid or mitigate consequences of violation if they know (Need to engage in reasonable
remedial action) - ✔✔Vicarious liability for employee violations of MRs
Generally held responsible for acting on orders of another lawyer, unless the action was a reasonable
resolution of an arguable question of professional duty. - ✔✔Is a subordinate liable for acting on
supervisor's order?
o No partnerships with nonlawyers if any partnership activities constitute the practice of law (e.g.
partner with accountant)
No nonlawyer control or ownership interest in the firm.
No fee splitting with nonlawyers - ✔✔Professional independence rules
(1) the total fee is reasonable;
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(2) the split is in proportion to the services rendered by each lawyer, or in some other proportion if
each lawyer assumes joint responsibility for the matter; and
(3) the client agrees to the split in a writing that discloses the share that each lawyer will receive. -
✔✔A lawyer is allowed to split a fee with another lawyer not in his firm if (3)
- sell entire practice or entire practice area of practice.
- give written notice to all clients if selling, including notice of sale, right to obtain other counsel/take
possession of files, and consent to transfer file to buyer
- cannot continue to practice in the local area (or in the practice group in the location) - ✔✔When
selling the entire practice or the entire area of practice, the selling lawyer must
honor existing fee agreements - ✔✔What must the buyer do with respect to the clients acquired from
the sale of a practice or practice group?
-not distinct from legal services
-when lawyer owns or controls entity separately - ✔✔When do the MRs apply to law related services
(not legal services but similar)
- not legal services
%
- protections of lawyer-client relationship don't apply - ✔✔When a lawyer owns or controls a separate
entity, the lawyer must take reasonable steps to ensure the recipients understand (2)
-lawyer and client agree
-implied assent and reasonable reliance
-court appointment - ✔✔3 ways the lawyer-client relationship is formed
contingent fees - ✔✔what types of fees require written agreements?
routine representation of a regular client (e.g. routine closing for a real estate transaction) - ✔✔what
is an exception to the general R that a lawyer must communicate the basis or rate of fee before or
within a reasonable time of representation?
a retainer is more like a reservation to represent when the time has come; meaning it is the lawyer's
when it is received. - ✔✔retainer fee
-criminal cases
-domestic relations cases (except for collection cases of alimony, contingencies are permitted) -
✔✔What circumstances are contingent fees not permitted in? (2)
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-in writing
-signed by the client
-must disclose: who is paying the expenses, how the fee will be calculated, which expenses will be
deducted and when - ✔✔contingent fee requirements
o Current lawyers in your firm
o Retired members of your firm
o Former firm lawyers with pending cases - ✔✔permitted to fee split with lawyers in your own firm
You can't get a kickback for just the recommendation
Both lawyers need to stay involve or responsible
-Option 1: split proportionate to services performed by each.
-Option 2: Each assumes joint responsibility and fee split any way they like.
Client must also consent to
-The arrangement and shares
-Agreement confirmed in writing
Total fee must be reasonable - ✔✔Fee splitting with lawyer outside of firm
%
Civil: Client decides whether to settle.
Criminal: Client decides what plea to enter, whether to waive a jury trial, whether the client will testify.
Both: Client decides whether to appeal - ✔✔Decisions that always must be made by the client
-Case status updates
-Game plan
-Response to reasonable requests for info
-Anything that requires informed consent promptly (e.g. final decisions, conflicts of interest) -
✔✔Required communications with client
When your own physical or mental condition impairs your ability to rep the client.
Representation requires a violation of RPC or other law.
Fired by client - ✔✔Mandatory grounds for withdrawal (2)
-Any reason if no material adverse effect (no big deal)
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